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HomeMy WebLinkAboutOMNI CRA 2020-08-31 MinutesCity of Miami 3500 Pan American Dr Miami, FL 33133 www.miamigov.com ..ga rf Omni C R A Meeting Minutes Monday, August 31, 2020 `11RID1_1►4 Virtual Regular Meeting City Hall 3500 Pan American Drive Miami, FL 33133 OMNI Community Redevelopment Agency Alex Diaz de la Portilla, Chair, District One Joe Carollo, Vice Chair, District Three Ken Russell Board Member, District Two Manolo Reyes, Board Member, District Four Keon Hardemon, Board Member, District Five OMNI and MIDTOWN CRA OFFICE ADDRESS: 1401 N. Miami Avenue, 2ntl Floor, Miami 33136 Phone: (305) 679-6868 www.miamicra.com OMNI Community Redevelopment Agency Meeting Minutes August 31, 2020 CALL TO ORDER ORDER OF THE DAY Present: Chair Diaz de la Portilla, Commissioner Russell and Commissioner Hardemon Absent: Vice Chair Carollo and Commissioner Reyes On the 31st day of August 2020, the Board of Commissioners of the OMNI Community Redevelopment Agency of the City of Miami conducted and broadcasted a virtual meeting from City Hall located at 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order by Chair Diaz de la Portilla at 10:12 a.m., and was adjourned at 10:29 a. in. ALSO PRESENT. Jason Walker, Executive Director, CPA Isiaa Jones, Chief Legal Officer, CRA Victoria Mendez, General Counsel XavierAlbkn, Assistant General Counsel Todd Hannon, Clerk of the Board Chair Diaz de la Portilla: The Omni Community Redevelopment Agency Committee will come to order -- Agency will come to order. Please call the roll. Todd B. Hannon (Clerk of the Board): Commissioner Diaz de la Portilla. Chair Diaz de la Portilla: Here. Mr. Hannon: Commissioner Hardemon. Board Member Hardemon: Present. Mr. Hannon: Commissioner Russell. Board Member Russell: Here. Mr. Hannon: And I do not see either Commissioner Re_ves or Commissioner Carollo on the Zoom call. Chair Diaz de la Portilla: Thank you. Do we have to go through the whole process again that we did in the fast one playing the virtual meeting guidelines? So, let's go ahead and do that. Xavier Alban (Assistant City Attorney): Thank you, Chair. Pursuant to Executive Order Number 20-69, it's extended by Executive Order 20-193, by the office of Governor Ron DeSantis on August 7th, 2020. The Omni Redevelopment District's Community Redevelopment Agency Board of Commissioners is conducting this meeting without having quorum of its members present physically, or at any specific location, and utilizing communications media technology such as a telephonic or video conferencing software, as provided by Section 120.54(5)(1)) of Florida Statute. The Omni CRA (Community Redevelopment Agency) is using Zoom platform to hold its August 31st, OMNI Community Redevelopment Agency Page 1 Printed on 310212023 OMNI Community Redevelopment Agency Meeting Minutes August 31, 2020 2020 virtual meeting. Zoom is a cloud platform for video and audio conferencing, collaboration, chat, and webinars across mobile devices, desktops, cellphones, and room systems. In order to ensure that the public has the ability to view the meeting, the City of Miami's Communications Department will broadcast the meeting through the usual channels and avenues that are provided when a CRA meeting is held at a physical location. The meeting can be viewed live on miamitv.miamigov.com/tv, through, the City's YouTube channel, www.voutube.com/user/cityofiniamigov, or Comcast Channel 77, City of Miami. The broadcast will also have closed captioning. Additionally, the Omni CRA has not selected a virtual platform that requires the public to purchase or download any additional software or equipment to watch this meeting. Aside from the Zoom platform and that the participants will be appearing remotely, the public will have no discernible difference in their ability to watch the meeting. Since this is a virtual meeting as authorized by the Governor of ' the State of Florida, members of the public wishing to address the body may do so by visiting omnicra.com/meeting as published in the notice to submit written comments via the online comment form. Members of the public may also call (305) 679-6866 to provide comments via the dedicated Omni CRA public comment voicemail. All comments submitted will be included as part of the public record for this virtual meeting and will be considered by the Board of Commissioners prior to any action taken. The Omni CPA will also accommodate any speakers desiring to appear in person at City Hall, subject to all applicable emergency measures in place to prevent the further spread of COVID-19. Speakers who appear in person will be subject to screening for symptoms of COVID-19. Any persons exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall. All interested parties are required to abide by all state, county, and local emergency orders and are urged to remain at home, practice social distancing, and cover their mouth and nose. Section 286.0114(4)(c) of the Florida Statutes specifically authorizes the Omni CRA to prescribe procedures or forms for an individual to use in order to inform the Board or Commission of a desire to be heard, to indicate his or her support, opposition, or neutrality on a proposition. The Omni CRA, through its multiple public comment options has provided different procedures and forms, to indicate among other things, his or her support, opposition, or neutrality on the items and topics to be discussed at the virtual Omni CRA meeting. The Omni CRA provided information on how to submit comments, all -- in the notice to the public and on the Omni CRA's webpages. All these public comment options and procedures for the Omni CRA meeting comply with Sections 286.0114 and Section 120.54 of the Florida Statutes. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the Board of Commissioners takes action on such proposition. When the Board of Commissioners takes actions or votes on any proposition before it, it shall do so by roll call vote which shall be recorded by the Clerk and included in the record. Commissioners, are you comfortable with the notice of provisions set forth and these uniform rules of procedure we have established for this virtual meeting? Board Member Russell: Yes. Chair Diaz de la Portilla: I am. Board Member Hardemon: Yes. Mr. Alban: Thank you. Chair Diaz de la Portilla: Thank you. OMNI Community Redevelopment Agency Page 2 Printed on 310212023 OMNI Community Redevelopment Agency Meeting Minutes August 31, 2020 OMNI CRA RESOLUTION(S) 1. OMNI CRA RESOLUTION 7797 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), WITH ATTACHMENT(S), APPROVING AND ADOPTING THE CRA'S PROPOSED GENERAL OPERATING BUDGET AND TAX INCREMENT FUND BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021; DIRECTING THE EXECUTIVE DIRECTOR TO TRANSMIT A COPY OF THE BUDGET TO THE CITY OF MIAMI AND MIAMI-DADE COUNTY. ENACTMENT NUMBER: CRA-R-20-0011 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Board Member, District Two SECONDER: Alex Diaz de la Portilla, Board Member, District One AYES: Diaz de la Portilla, Russell, Hardemon ABSENT: Carollo, Reyes Chair Diaz de la Portilla: This is our operating budget for 2020. We're going to have Mr. Walker walk us through it Mr. Walker? Jason Walker (Executive Director, CRA): Than.kyou, Mr. Chairman. This is the 20 -- Chair Diaz de la Portilla: Good morning. Mr. Walker: Good morning. This is 2021 operating budget for the Omni CRA (Community Redevelopment Agency). It includes $18, 726, 000 in TIF (Tax Increment Financing) from the City, and $11,401,000 from the County TIF. There's an estimated fund balance of $18 million., for a total budget of $62,856,996. Some highlights of this budget include the $400,000 for the enhanced policing of the area. It also includes a continuation of the purple shirtprogram, where we hire homeless or formerly homeless people to clean the neighborhood. It also includes a $S million reserve for affordable housing investment in the next year and pretty much everything is the same, and if you have any questions we are -- and our obligation is also to the various outside agencies, including the County and the Children's Trust. All of that is included in this budget and we askfor your approval today. Chair Diaz de la Portilla: We're going to talk a little bit now, Commissioners, about our obligations to the County and the Children's Trust, but first, are there any questions? Does any Commissioner have a question? Well,, let's open it up to public comment. Is there any public comment? Anything, Mr. Walker? Mr. Walker: No sir, not on our end. Chair Diaz de la Portilla: So, as we have no public comment, so let's close it. Public comment is now closed. Is Ms. Jones, our attorney, online? Isiaa Jones (Staff Counsel, CRA): lam. Chair Diaz de la Portilla: Okay, good. Good morning. OMNI Community Redevelopment Agency Page 3 Printed on 310212023 OMNI Community Redevelopment Agency Meeting Minutes August 31, 2020 Ms. Jones: Good morning Chair Diaz de la Portilla: Let's go back to Mr. Walker first. Mr. Walker, there's about $19,202,470 here that are different obligations. Either the global obligations, or interlocal agreements with the Miami -- Port of Miami tunnel, with the Adrienne Arsht Center, the Performing Arts Center, and with the Children's Trust contribution. Mr. Walker: Yes, sir Chair Diaz de la Portilla: So, can you kind of ' outline for the Commissioners what those contributions are; what those commitments are? Mr. Walker: Sure. The f rst one in the -- on page -- it's not page, it's not numbered, but the first one is an obligation to the 2007 global agreement where we're -- it's $4.2 million to go for the Port Tunnel payment. It's an obligation that we have until 2029, and that's roughly the amount that we pay every year; which total -- it's going to -- it will total, in the end, to $88 million going towards the Port Tunnel. Again, that was a part of the 2007 global agreement. You have the -- also part of the 2007 global agreement is a 35 percent giveback to the County. So, 35 percent of the overall TIF goes back to the County today and that --this year it amounted to $10.9 million. Then also you have the Children's Trust, which is a voter approved referendum to tax the county taxpayers that we were exempt fom. So, we collect the money, but then we have to give the money back to the Children's Trust, and those are the -- that's the obligation that you are referring to. Chair Diaz de la Portilla: Okav, thank you, Mr. Walker. Ms. Jones, the City's ability to pay, some of these obligations has been hampered by obviously the pandemic that we're facing right now. Is there any force majeure provision in these obligation -- these contracts or these commitments thatyou're aware of? Ms. Jones: Repeat thatfor me, Commissioner. Chair Diaz de la Portilla: Are there any force majeure provisions in the contracts, in the general obliga -- in the global agreements and in the interlocal agreements? Ms. Jones: No, not that I'm aware of. No. Chair Diaz de la Portilla: Do these agreements normally should include these provisions of unforeseeable circumstances that may impede the City or the CRA's ability to pay, into these global agreements? Ms. Jones: It should. It should, but (INAUDIBLE) these are pledged revenues, once we collect them, we have to pay them out. Todd B. Hannon (Clerk of the Board): Onmi right now, Southeast Overtown/Park West has already been passed. Chair Diaz de la Portilla: I can't hear you, Mr. Hannon. Did someone say something or --? Mr. Walker: I think he was talking to someone else. Chair Diaz de la Portilla: Oh, okay. So, we don't have any of those provisions in these contracts. And what agreement does the City have with the Children's Trust? OMNI Community Redevelopment Agency Page 4 Printed on 310212023 OMNI Community Redevelopment Agency Meeting Minutes August 31, 2020 Ms. Jones: We have an interlocal agreement between the Children's Trust, the CRAB, both CRAB, both the Overtown and the OMNI, and the City of Miami County. It was executed in 2007 and it, you know, states pretty much that we have to repay the money that is collected. Chair Diaz de la Portilla: Is there any unforeseeable circumstance provision, inn this interlocal agreement? Ms. Jones: No. Not that I'm aware of, no. Not that I see right here. Chair Diaz de la Portilla: Okay. Mr. Walker -- thank you, Ms. Jones. Mr. Walker, is there a way for us to, maybe escrow is the wrong word, for its not to approve some of these agreements today so we can further review and make sure that Ms. Jones has an opportunity to review those global agreements and the interlocal agreements with the Children's Trust and the global agreements with Miami -Dade County, and can we put those $19 million -and -so dollars on the side and we approve the rest of the budget? Is that something we can do today? Mr. Walker: I -- Chair Diaz de la Portilla: I don't know how the process works here in Miami (UNINTELLIGIBLE) -- Mr. Walker: I don't see why not -- Chair Diaz de la Portilla: I'm new here to Miami, so I'm -- this is the way we do it in Tallahassee. I'm just not used to doing it here. If there are unforeseen circumstances, obviously we're probably in, historically, one of the greatest unforeseen circumstances we've ever faced, and we have these general obligations or we have these global agreements, and the interlocal agreements, and we -- that we are obligated to pay but these -- this pandemic has impeded our ability to pay, we should have some other recourse and say, "Let's talk about these agreements again and maybe reconsider some of these teens, "because we're in a major shortfall of at least $25 million. Our City Manager and City Administrators have told us -- probably going to be more, and my guess it'll probably be more at the end of the day for this year and maybe even more for next year. I think they're projecting $30 million, and these obligations that made sense, or perhaps didn't make sense. (UNINTELLIGIBLE) being an outsider, they never made sense to begin with. Let's say they did back then to the sitting Commissioners. To me, clearly, they, don't make sense. So, we need to take a second look at this, a closer look. Have our attorney and our City Attorney take a closer look at this to see if these are the -- agreements can be reworked with the Count). Especially, in light that the County, in my opinion -- and I don't know if the other Commissioners feel the same wav -- the County has clearly not lived up to its commitment, its moral commitment, to the City of Miami. With the CARES (Coronavirus Aid, Relief, and Economic Security Act) dollars that should've been allocated so we can help our neediest residents, which are the neediest residents in the entire county, living in the City of Miami. To me, it goes against the grain, or intellect, to say that we're going to give money to the County when the County is not giving us what we think that we should be getting from them,, from dollars that were allocated for specific reasons and to help the people that are suffering the most from this pandemic. So, if we can put those dollars aside for now, pass the rest of the budget, and have another conversation, perhaps we'll call another meeting during our regular Commission meeting. I'd have to take -- get the Commissioners out of the regular schedule just do it during that time and have that -- a broader conversation about some of these global agreements, some of these interlocal agreements that we have. Can we do that? OMNI Community Redevelopment Agency Page 5 Printed on 310212023 OMNI Community Redevelopment Agency Meeting Minutes August 31, 2020 Mr. Walker: Sir, -- Chair Diaz de la Portilla: (UNINTELLIGIBLE) Commissioners oppose. Mr. Walker: I think we can. I would dejer to the CRA Attorney, and the City Attorney. I think we can reserve that amount. We can just reserve it, put it to the side until we make a decision on how we move forward. So, we can pass the budget -- Ms. Jones: As is. Mr. Walker: -- reserving that $19 million as an obligated -- you know, for the County, not pay it out, but reserve it. But 1 would defer to the City Attorney or the CPA Attorney -- Chair Diaz de la Portilla: But not pass the budget as is, its pass the budget without that. Mr. Walker: With an. amendment -- with an amendment -- Chair Diaz de la Portilla: Correct Mr. Walker: -- that reserves that amount Chair Diaz de la Portilla: Okay. Commissioners, do you agree we can do that for today? Xavier Alban (Assistant Citv Attorney): Commissioner I'm not completely sure that You're able to do that and the reason is because these are contractual obligations that we're required to budgetfor. So, I believe it has to be included in the budget, whether we put a caveat on it to discuss it a little more, we can, but I believe it -- because it is a contractual obligation that we have to follow, we should have it in the budget and we can look into discussing with the County, but also, just a reminder, some of these agreements are a tri party agreement. So, there has to be three parties involved to renegotiate the terms. Chair Diaz de la Portilla: I don't agree with you. I think this is the first step in a number of steps that we take to pass a budget. This budget, I believe, has to go to the Commission anyways. Is that correct? Mr. Walker: Yes, sir. Chair Diaz de la Portilla: Okay. So, this is the first step. We do that all the time, that we say even though we have contractual obligations, we say we're going to reserve the money so we can further discuss it and have our attorneys take a second look at it, and we can come back and then put it back in. We don't have to --I don't feel comfortable approving anything, anything for Miami -Dade County right now in light of the circumstances that exist, in light of their bad faith towards the Citv of Miami, in light of the jact that we've had conversations about suing the County for our fair share of the CARES dollars, and I think it'll send the wrong signal if we all of a sudden say everything is fine and dandy, here, we're going to continue to give the County, money, and more money. And in an agreement that -- some of these agreements were very, unfair to the City to begin with, but that's a different conversation and maybe we'll have it in the next Commission meeting that we have. But specifically now, especially now, in light of what's happening to the City, of Miami and its finances, that we need to really be very careful how we return or give money, not return, how we give money to the County when, in my opinion -- and I don't know if the Commissioners agree -- in my opinion, they need to be giving us money, and giving us dollars. I understand it's OMNI Community Redevelopment Agency Page 6 Printed on 310212023 OMNI Community Redevelopment Agency Meeting Minutes August 31, 2020 separate things. 1 understand that -- what global agreements are. We had them all over the place in Tallahassee. What interlocal agreements are, but 1 also understand that most contracts have these force majeure provisions in them for unforeseeable circumstances, acts of God, and other things, of war and other things. The fact that these contracts and these agreements don't have that is shocking to me. Of course, no one could've foreseen a pandemic, so that's why these are called unforeseen circumstances, right? And so, to me, I will not feel comfortable passing any budget that we can't do what -- I don't agree with you, Mr. Alban. I think that we can do it and come back and put it back in at the next Commission -- at the next CRA meeting or even in the next Commission meeting or maybe we have a CRA meeting and then we pass it on the same day as the Commission meeting. I think that's doable. Mr. Walker: And Mr. Chairman, to your point, I believe that these payments are not payable until at least, and Miguel, correct me if I'm wrong, until at least March of 2021. So, even if we pass it and reserve it, the actual payment is not due until I believe March of 2021. So, we have time to talk about it first. Chair Diaz de la Portilla: I'm aware of that. I'm aware of that, Mr. Walker, but passing it, for me, is the wrong thing to do because it's a vote to do something that I do not want to do at this juncture. Mr. Walker: Yeah, I mean (UNINTELLIGIBLE) -- Chair Diaz de la Portilla: So, I understand that we are not paying it out, that we could come back and take it back. I understand all that, but passing it, as a vote, is my affirmation that -- or nay -- I'm affirming that I agree with something that I don't. Mr. Walker: No, I'm making -- no, I'm making your point that we reserve it and -- I'm pointing Mr. Alban saying that, you know, this is not something that we have to address immediately, so we have time to talk about it once we reserve that $19 million dollars, not pay it out, but reserve it., put it in reserve, and then -- Chair Diaz de la Portilla: Okay, -- Board Member Russell: Mr. Chairman. Chair Diaz de la Portilla: You're recognized, Commissioner. Board Member Russell.- Thank you. I do understand where you're heading with this and it's going to be a legal question more than. anything. Either we're able to do it or we're not, and if we're not, we'd just have to get together again and probably reapprove and reallocate that section of the budget. So, I'll make the motion including your amendment regarding the set aside. Chair Diaz de la Portilla: Thank you, Commissioner. There's a motion on the floor. Commissioner Hardemon, are you on -- seconded -- I can second the motion, so I'll second it. I want to make sure Commissioner Hardemon can vote on this. Chair Hardemon, are you on? Board Member Hardemon: I'm here. You can't see me? Chair Diaz de la Portilla: Oh, no, I couldn't see you. Now I can see you. There you go, Commissioner. So, there's a motion on the floor, seconded by the Chair. All those in favor, say "aye. " The Board Members (Collectivelv): Aye OMNI Community Redevelopment Agency Page 7 Printed on 310212023 OMNI Community Redevelopment Agency Meeting Minutes August 31, 2020 ADJOURNMENT Chair Diaz de la Portilla: Against, "nay. " So, the motion passes. So, Commissioners, 1 think that concludes our work for the day in the Omni Community Redevelopment Agency. Thank you very much. The meeting adjourned at 10:29 a.m. OMNI Community Redevelopment Agency Page 8 Printed on 310212023